SECTION 12. FAILURE TO PERFORM STREET WORK: Upon failure of the srantee
<br />to complete any work required by law or by the provisions of this Ordinance to be
<br />done in any street, within the time prescribed, and to the satisfaction of the
<br />Director of Public Works, the Director of Public Works may cause such work to be
<br />done and the grantee shall pay to the City the cost thereof in the itemized amounts
<br />reported by the Director of Public Works to the grantee within thirty (30) days
<br />after receipt of such itemized report.
<br />
<br /> SECTION 13. CATV INSTALIATION SHIELDING: The grantee shall at all times
<br />during the term of any franchise granted under this Ordinance, at its own cost
<br />and expense, properly and in a good workmanlike manner, install and maintain
<br />adequate shielding, filtering and grounding at affected installations within the
<br />CATV system to eliminate television interference encountered from fundamental
<br />frequency overload by radio amateur transmissions which are in compliance with
<br />Federal Communications Commission regulations.
<br />
<br />SECTION 14. FAITHFUL PERFORMANCE BOND:
<br />
<br /> (a) The grantee shall, concurrently with the filing of and acceptancr
<br />of award of any franchise granted under this Ordinance, file with the City Clerk,
<br />and at all times thereafter maintain in full force and effect for the term of such
<br />franchise, at grantee's sole expense, a corporate surety bond in a company approved
<br />by, and in a form to be approved by, the City Attorney, in the amount of $5,000.00,
<br />renewable annually, and conditioned upon the faithful performance of grantee, and
<br />upon the further condition that in the event grantee shall fail to comply with any
<br />one or more of ~he provisions of this Ordinance, or of any franchise issued to the
<br />grantee hereunder, there shall be recoverable jointly and severally from the
<br />principal and surety of such bond any damages or loss suffered by the City as a
<br />result thereof, including the full amount of any compensation, indemnification, or
<br />cost of removal or abandcr, ment of any property of the grantee as prescribed hereby
<br />which may be in default, plus a reasonable allowance for attorney's fees and co~s,
<br />up to the full amount of the bond; said condition to be a continuing obligation
<br />for the duration of such franchise and thereafter until the grantee has liquidated
<br />all of its obligations with the City that may have arisen from the acceptance of
<br />said franchise by the grantee or from its exercise of any privilege therein granted.
<br />The bond shall provide that thirty (30) days' prior written notice of intention
<br />not to renew, cancellation, or material change, be given to the City.
<br />
<br /> (b) Neither the provisions of this section, any bond accepted by
<br />the City pursuant thereto, nor any damages recovered by the City thereunder, shall
<br />be construed to excuse faithful performance by the grantee or limit the liability
<br />of the grantee under any franchise issued hereunder or for damages, either to the
<br />full amount of the bond or otherwise.
<br />
<br />SECTION 15. INDEMNIFICATION OF THE CITY:
<br />
<br /> (a) The grantee shall, at all times during the existence of any
<br />franchise issued hereunder, maintain in full force and effect, furnish to the City,
<br />and file with the Council of the City of Pleasanton, at its own cost and expense,
<br />a general comprehensive liability insurance policy, in protection of the City of
<br />Pleasanto~, its officers, boards, commissions, agents and employees, in a company
<br />approved by the City Manager and in a form satisfactory to the City Attorney,
<br />protecting the City and all persons against liability for loss or damage for person-
<br />al injury, death, and property damage, occasioned by the operations of grantee
<br />under such franc'~ise, with minimum liability limits of $300,000.00 for personal
<br />injury or deat[~ c:~ any cae perscn and $500,000,00 for personal injury or death
<br />of two or more persons in any one occurrence, and $50,000.00 for damage to property
<br />resulting from any one occurrence.
<br />
<br /> iv) ~b,a poklczes mentioned in the foregoing paragraph shall name
<br />the City, i::s officers, ~oaras, commissions, agents and employees, as additional
<br />insured and shall contain a provlsio~ that a written notice of any cancellation
<br />or reduction in coverage of sazd policy shall be delivered to the City ten days
<br />in advan~ of the effective date thereof; if such insurance is provided in either
<br />case by a policy which also covers grantee or any other entity or person than those
<br />above named~ then such policy shall contain the standard cross-liability endorse-
<br />merit.
<br />
<br />
<br />
|